Legal Question in Sexual Harassment in Massachusetts
do i have a case
how do i go about filing a sexual harrasment suit and do i have a case againt the employer.i thought that there was no retalliation against the victim that reports sexual harrasment.I was told that they would have to investigate the situation and then they would contact me.I reported this to my human resource dept on the 10/16/06 they then suspended the offender immediatley pendin termination.then the offender called the supervisor and said that i was involved in some merchandise that was stolen on the 6th-8th and that i could not return back to work until further investigation,the employer asked me about this and i was astonished i couldnt believe this was happening to me now i havent heard anything about this until yesterday when i spoke with management.i asked them what was going on with this he then told me that it was up in the air and for me to come in to meet with another person to discuss my new squedual and that they just wanted me to get back to work.i feel very unsure about this what should i do also this offender has been involved in this sort of problem before sort of a harassment claim. but the woman ended up leaving the company
2 Answers from Attorneys
Re: do i have a case
Assuming the theft charga against you is baseless, and the employer retaliates against you, you may have a claim for retaliation. Also you may have a claim against the employee for defamation (Falsely accusing you of committing a crime and interference with advantageous relationships) You did not state the facts but you may also have a valid sex harassment claim.
Re: do i have a case
If you want to pursue your sexual harassment or retaliation case, you will need to file a "charge of discrimination" with the EEOC or the MCAD promptly to preserve your rights unless the company you work for has 5 or fewer employees. If you would like a free copy of my newsletter discussing sexual harassment please contact me. Most judges and lawyers would agree that it is important to speak promptly with an experienced attorney in order to protect your rights if you have a substantial case.
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